HomeMy WebLinkAbout4682 RESOLUTION NO. 4 6 8 2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, 11VASHINGTON, AOTHORIZING THE MAYOR TO
EXECUTE AN INTERAGENCY AGREEMENT WITH KING
COUNTY FOR THE PURPOSE OF CONSTRUCTING A
RELOCATED KING COUNTY SANITARY SEWER LINE FOR
THE M ST SE UNDERPASS PROJECT C201A
WHEREAS, the City is the lead agency and is responsible for the planning,
review, design, permitting, right-of-way acquisition and construction of the M Street
SE Underpass Project, hereinafterreferred to as the "Project"; and
WHEREAS, the County has an 18-inch sanitary sewer line located in the public
right-of-way in the vicinity of the Project which will have to be relocated to
accommodate the Project;and
WHEREAS, there is a mutual benefit to the City and King County in having the
City construct the relocated sanitary sewer main during construction of the M Street
SE Underpass Project construction; and
WHEREAS, King County is willing to compe�sate the City for its costs to
construct the relocated sanitary sewer main.
NOW, THEREFORE; THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. The Mayor is tiePeby authorized to execute an Interagency
AgreemenYwith King County for the purpose of constructing the relocation of a King
County Sanitary Sewer line for the M St SE Underpass Separation Project, in
Resolution No. 4682
Octoberl3, 2011
Page 1
substantial conformity with the agreement amendment attached hereto, marked as
E�chibit"A" and incorporated herein by this reference..
Section 2. That the Mayor is authorized to implement such other
administrative procedures as may be necessary to carry out the directives of this
legislation.
Section 3. That this Resolution shall take effect and be in full force upon
passage and signatures hereon.
V'y
Dated and Signed this 7'� day of.�u-,�2011.
CI BURN
i
R ER B. LEWIS
MAl'012
ATTEST:
���
Danielle E:Daskam,
City Clerk
APP VED A TO FORM:
Da . eid;
City Attomey
Resolution No.4682
October 13, 2011
Page 2
INTERAGENCY AGREEMENT BETWEEN.CITY OF AUBURN AND
KING COUNTY(WASTEWATER TREATMENT DIVISION)
FOR UTILITY RECOCATION CONSTRUCTION ASSOCIATED WITH
THE M STREET GRADE SEPARATION PROJECT
THIS AGREEMENT is made and entered into 6y and between King County, a politicai
subdivision of the State of Washington, hereinafter referred to as the "County," and City of .
Aubum, a municipal corporation of the Sfate of Wasfiington, .hereinafter referred to as the � �
"City:° County and Cify may also be collectively referred#o as the "Parties."
WHEREAS, the City has concluded that the re-gFading of M Street at SR18, hereinaiter
referred to as the "Project," is necessa.ry in order to provide an acceptable level of traffic flow
and road safety; and .
WHEREAS, the City is the lead agency and is responsible for the planning, review, design, `
permitting,right-of-way acquisition and construction of the Project; and
,
WHEREAS, the County has an .18-inch sankary sewer line located in the public right-of-way in
the vicinity of the Projecf; and
WHEREAS, it will be necessary for the City to perForm extra measures, hereinafter referred to
as the °Utility Work," to relocate the sanitary sewer �line and maintain the integrity of the
County's sanitary sewer system during the course of the Project;and
WHEREAS, the County desires that the Utility Vl/ork be perFormed and is willing to �
compensate the City for its cost to perform the Utiiity Work;and
WHEREAS, it is deemed to be in the best interest of the public to incorporate the Utility Work,
as requested by the County, into the construction contract for the Project; and
WHEREAS, the design of the Utilily Work is being completed as part of the design work for
the Project, unaer a prior agreement between the City`and 4he County, resulting in plans and
spec�cations for the Utility Work that are to be approved by the County, hereinafterreferred
to as"Approyed 100°k Document_s";
NOW THEREFORE, it is mutually agreed as follows:
1. PURPOSE
The purpose of this Agreement is to set forth the mutual rights; responsibilities and obligations
_...
of3he County and the City for the accomplishment of the Utility Work described in Exhibit A,
which is attached hereto and incorporated herein by this reference. No separate legal entiry is
created by this Agreement.
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2. DURATION
This Agreement shall become effective immediately upon execution by all parties and shall
remain in effect until the Project is complete and the Gounty has paid the City in fulf for the
actual cost of the'Utility Work, in accordance with the payment provisions of Section V herein
unless terminated sooner, as provided herein. The Parties anticipate the Utility Work will be
completedby March 31, 2014. "
3. THE CITY'S RESPONSIBILITIES
3.1. The City has completed the environmental review required under the State
Environmental Policy Act for the Project and the Utility Work. '
3.2. The City shall act as the lead agency for the Project and shall accomplish the Utility
1Nork described 'in Exhibits'A and B on 6ehalf of the Courrty in connection with the Project.
The City ptuject,manager shall act as the administrator of,this cooperative undertaking. The �
City shall be responsible for compliance with the following County design standards, during
the constivction pfiases of the Project, except as indicated in the Approved 100% DocumeMs '
or as otherwise approved in writing by the County:
3.2.1. Washington State Department of Ecology, Criteria for Sewage Works Design,
December 2008.
a. Minimum slope for 18-inch sanitary sewer, 0.0012 fUft
b. . Maximum spacing,befinreen sanitary sewermanholes is 500 feet.
Other requirements
3:2:2 Video sewer prior to placing in service..
3.2.3. Sewer vuhere installed in casing shall be supported to maintain grade and
_ � prevent sags.
3.2.4. Side sewer connections shall be made to the City's lateral sewers (and not to
the relocated trunk sewer), except wliere shown on the Approved 100%0
Documents.
. 3.2.8: Access to casing, and manholes will be made available via the previously
secured easements and right of way as shown in the Approved 100%
Documents.
3:3. The City shall do ail otthe following:
' 3.3�1. prepare and finalize the construction contract documentsfor the Utility Work;
3.3,2. publicly bid the Project; in accordance witH the City's public contracting
procedures, requiring in the bid form a separate bid line item for the Utility Work,
except for bid items for which the UtilRy Work is shared with other project work; ,
3.3:3. ,award the Project contract to the lowest responsible, responsive bidder based
on the lowest overall' bid'price:.The successful, selected bidder shall be referred to
below as the "Contractor;°
3.3.4. administer the Proje"ct contract, including accounting and payment to the
• Contractor and construction management consultant(s) ("ConsultanY');
3.3.5. prepare a constniction manual that defines roles and responsibilities of the City,
King County, Contractor, and Consultant during construction. The construction manual �
will define communication protocols, specific' expectations for inspec4ion, '
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administration; and management, and will be reviewed and edited for consensus
approval, by the Ciry, King County, and the Consultant prior to the start of construction.
If consensus approval' cannot be reached between King County and the City, the
Dispute Resolution process described in Section 12 shallbe followed;
3:3.6. maintain the Project rscords;
3.3:7. arrange a preconstrucfion conference with the Contractor after awarding the
- contract and invite King County to attend and participate in such conference;
3.3.8. provide ail inspection, construction monitoring, testing, construction engineering,
management, and aiiministration required to compiete the Utility VVork;
3.3.9. receive aII submittals, requests for infortnation, design clarifications, change
orders, and substitution �equests from the Contractor, route as appropriate to King
County for review and comment, and transmit comments to the Contractor; and
' 3.3.10. complete the Utility Work in accordance with the Approved 100% Documents
by March 31, 2013.
3.4. The Parties agree that the Project and Utility Work shall be bid, contracted for and
constructed. in accordance with, State and local law applicable to ihe City public works
projects. Any contract issued.for the construction of the Project and Utility.Work shall comply
with all, public works and procurement laws and regulations applicable to the City, including, ,
but not limited to, applicabie pertormance and payment bortd, prevailing wage,
nondiscrimination, retainage, insu"rance, and workers compensation requirements. The City
shall make this Agreemerrt available to prospective bidders for the construction of the Project.
The City shall provide the County with a copy of the bid documents from the successful
biddec �
3.5. . The City will provide County with copies of or electronic access to a) submittals and
requests ior infortnation ("RFI's") from the Contractor related to the Utility Work; b) submittal
and RFI resporises from the City to the Contractor; c) weekly ,schedule updates from the
ContracEor, d) minutes of ineetings with the Contractor during periods the Utility Work is being �
performed; e). construction photog�aphs related to the Utiiity Work; � reguests for change
orders-related to the Utility Work; g) notices from the Contractor related to the Utility Work; h)
daily inspection reports; any Utility Work design document updates issued to prospective
bidders o� the Contractor, including CAD files. These items will be provided within two j2)
working days of their receipt or generation by the City.
3.6 The City shall obtain the pertnits,and approvals�f�om all applicable goqemment bodies
necessary for the construction of the Utility Work. King County shall have the right to review
and approve any permit conditions affecting the Utility Work or King County property. Prior to
executing any permit affecting tfie Utility Work or King County property„ the City will provide .
the'permit conditions to King. County for review and revision or approval. The Ciry will not
execute any permit affecting tFie,Utility iNork or King County property wfthout King County
'approvai of fhe permit conditions.
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3.7 The City shall obtain any necessary temporary and/or permanent easements for the
construction of the Utility Work. King County shall have the right to review and approve any
easement conditions affecting Utility Work or King County property.
3.8. Upon Acceptance of the Utility Work (as defined in the Project construction contract
documents), the City shall assign all contractorlequipment warranties related to the Utility
Work to King County so that King County can enforce them.
3.9. The County reserves the right to review and reject any plans and specifications
developed by the City for Utility Work activities not in compliance with the County's standards
that were not included in the Approved 100% Documents. Prior to implementing any plans or
specifications that were not included in the Approved 100°� Documents, the City will provide
the plans or specifications to King County for review and revision or approval. The City will not
impiement any plans or specifications not included in the Approved 100% Documents without
King County approval.
Uitimate responsibility for accuracy and completeness of the City's plans for the Utility Work
rests with the City.
3.10. The City, acting for and on behalf of the County, shall provide construction engineering
and inspection of the Utility Work based upon plans and specifications reviewed and approved
by the County and sound engineering practice. The City will provide copies to the County of
all daily inspection reports for work involving the County's facilities on a weekly basis.
Inspection of construction activities by the City shall not constitute a•guarantee or warranty of
the adequacy of perFormance. The City shall allow reasonable access to the Utility Work by
County personnel, should the County elect to supplement the City's inspection senrices.
3.11. The City shall bill the County for costs related to the Utility Work incurred by the City
and/or the Consultant(s) and Contractor(s) in accordance with the payment provisions of
Section 5 of this Agreement.
3.12. The City shall initiate and coordinate final inspection and the follow through with
completion of items listed on the County's punch list wfth the Contractor.
3.13. The City shall provide the County with a set of"as-built" drawings of all Utility Work for
the County's permanent records, within six (6) months of the final acceptance of the Utility
Work. As-built drawings to be submitted shall include a full size red-lined plan set and a
scanned drawing set in PDF format on CD. As-buiRs may be sent to the the County address
noted in sectionl5 of the Agreement (Notices).
3.14. Upon completion of the Utility Work, the City will transfer ownership to the County,
without further charge or expense and by Bill of Sale with warranty of title, all of the facilities
comprising the Utility Work and shali assign to King County any permits and easements
issued to the City for such facilities at no charge.
3.15. Any obligations of the City beyond the current fiscai year are subject to local legislative
appropriation of funds for the specific purpose of funding this Project in accordance with
ordinances of the City and applicable law.
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4. THE COUNTY'S RESPONSIBILITIES
4.1. The County shall be responsible for the actual costs of construction engineering,
construction labor, inspection;and contract administration related to the Utility Work, and shall
� reimburse the City for such costs in accordance with the terms of Section V of this Agreement.
42. The Coun#y shall make all reasonabie efforts to cooperate with the Project �
Consultant(s) and Contrador(s) in facilitating the Utility 1Nork as set forth in Exhibit A, and
make necessary personnel available so as to not delay the Contractor's construction
schedule.
4.3. The County shall, within twenty-one (21) calendar days after notification of completion
of tlie Utility Work, issuewritten notification to the City of any deficiencies or of acceptance of
the, work performed on behalf of the County: The City's Contractor shall correct any
deficiencies. If, after the twenty-one (21 j day period;not�cation has not been received by the
City, from the County, then the Utility Work shall be considered complete and acceptetl by the
Coun4y.
, � 4.4. The County may, if it desires, .furnish an inspector for the Utility Work. Any costs for
such inspection will be bome solely by the County. All contact between said inspector and the
City's Contractor shall be through the the City's on-site representative who shall be identified
at the preconstruction conference.
4.5: Any obligations of the County beyond the "current fiscal year are subjed to and
cor�tingent upon the appropriation of funds by the King County Council for the specific purpose
of funding the Utiiity Work in accordance with the ICing Courrty Charter and applicable law.
' . Should such an appropriation not be approved, then this Agreement shatl terminate at the
• close of the current appropriation year and King County will be responsible for completing any
� unfinished Utility Work The appropriation year ends on December 31 of each year.
4'.6. County shall not be required to:relocate, modify or adjust, at County expense, the
Utility Work constructed pursuant to this Agreement, to aocommodate the City's widening or
improVement (except adjustments required.for routine maintenance and preservation such as
� � adjusting manhole lids) of L Street SE, 6th Street SE oi 4th Street SE for a period of ten (10)
years after#he Utility Work is accepted by the County.
5.- . PAYMENT
5:1. The County agrees to reimburse tFie City for tfie actual cost of the Utility Work without
mark-up of any kind. The City's estimate of costs is shown in. Exhibit B, Preliminary Cost
Summary, which is attached hereto and incorporated herein by this reference.
5:2. The City shall provide the C_ounty monthly with properly executed invoices showing
expenditures during the previous month on the Utility Work. Invoices shall be based on and
itemize the Consultant`s payments applicable to the Utility Work and ContractoPs payments,
equipment, materials and labor expeniied on the Utility 1Nork, as described in Section 5.3
below. Invoices shalP be documented_ta the reasonable satisfaction of the County. Properly
documented invoices shall be :paid :6y tFie County within sixty (60) days of receipt by the
County. Notice of.any potential dispute:regarding such payment requesY shall be,made in .
writing within the same time period. Payment by the County shall not constitu4e agreement as
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to the appropriateness of any item or acceptance of the work so. represeMed. At the time of
final audit, aIl required adjustmen4s related to any potential dispute for which notice has been
timely gi4en shall be made and reflected in a final payment.
5.3. The County shall pay the City for the following costs:
5:3.1. The finaf cost (without any mark-up for City administrative costs).of all
contract items rela4etl to the Utitity Work, as shown in Schedule B of the bid
proposai of.the successful bidder, and the proportions of the bid amounts in
_ Schedules A, C and D that are attributable to the Utility Work as estimated in
EichibitB; and
b.3:2. Actual costs of-City ezpenditures for construction engineering, inspection,
administration and management attributable 4o the Utility Work, as es4imated in
Exhibit B. Costs for City staff shall include labor only and exclude mark-up of any
kind. Consultanf costs: shall include the ConsultanYs labor, overhead, and fee;
and .
5.3.4 The cost of any exEra work associated with ihe Utility Work within the amount of
the"Contingency"as shown in Exhibit B, and any costs for extra work that have
been approved in accordance with Section 8.
5.4: Invoices will provide a summary of labor, equipment, materials, benefits and overhead,
other charges and the total amount due and will include. supporting documentation. If any
invoice seeks reimbursement of City employee labor hours, then the invoice shall state the
labor hours expended by individual City employees along with their appiicable iabor rates.
- . 5.5: Upon completion of the Project, the City shall conduct a final audit of the.Project in
- accordance with standards of the V1/ashington State Deparfinent of Transportation: At the
- time of the final audi4, all adjustments required shall be made and sHall be reflected in a final
billing tottie County.. Within thirty (30) days of receipt,of the audit and final 6illing, the County
shap notify the City in writing of any objections to the audit and/or billing. If no objections are
timely filed, the County shall make fnal payment to the Cify and such final payment shall
constitute an acceptance by the Caunty of the City's costs and accounting.
. 6. HOLD HARMLESS AND INDEMNIFICATION
6:1. The City shall hold harmless, indemnify and defend the County, its officers, appointed
and elected offcials, employees and agents, from and against any and all claims;actions,
suits, liability, loss, expenses, damages and judgments of any nature whatsoever, including
costs and attomey's fees in defense thereof,foc injury, sickness; disability ordeath to persons
ordamage to property or business, caused by or arising ou4 of 4he Project and/or services
performed under this Agreement; whether arising before, during or after completion of the
Project or serv'ices and whether suffered by the City, its_ofFciais, employees and/or agents or
any other person orentity: .PROVIDEQ,.HOWEVER, that the City's obligation hereundershalf
not extend to injury, sickness, death or damage caused by or arising out of-the sole
negligence of the County, its o�cers, elected and appointed officials, employees o�agents;
the City expressly and specificaliy ag�ees that its obligatioris under this parag�aph e�end to
any claim, action, suit, liability, loss, expens.e, damage,and/orjudgmerrt tirought.by or on
. , behalf of any of fts appointed or elected o�cials, employees or agents. For this purpose, the
City, hereby expressly and spec'ificailyuyaives, with respecY4othe Courrty oniy, any irnmunity
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that would;othervvise be availabte against such claims under the IndustriaF Insurance .
provisians of Title 51 RCW.
' ' 6.2. The City will require its consultants, Contractor,subcontractors and suppliers of any tier
to defend, indemnify and hold harmless King County, its officers, officials, and employees
from any and all claims, injuries; damages, losses or suits including attomey's fees and costs,
arising out of or in connection with the design,
development and consfruction ofthe Utility Work and Project except for injuries and
damages caused by the sole negligence of King County.
7. TERMINATION
7:1. The City has the right to terminate this Agreement by providing virritten notice to the
County if the City detertnines not to undertake the Project or to discontinue the Project, in
which case the County shall only be responsible for costs authorized undeP Section 5.3 herein
incurred by the City prior to the City's notice of termination.
7.2. The County has the right to terminate this Agreement 6y providing written notice to the
City prior to the award of the construction coMract, in which case the County shall be
responsible only for those costs authorized under Section 5.3 incurred by fhe City in executing
- the necessary coMract changes to delete the Utility Work.
7.3. After award of the construction contrad by the City, the County may terminate this
i�qreement only upon thirty (30) days' prior written notice to the City. In that event, the County
shali be �esponsible for all costs authorized under Se"ction 5:3 incurred by the City and all
bona fide costs claimed by the Corrtractor in perForming the Utility Work up to and including
ttie date of termination and in deleting the Utility Work from the Project.
8. EXTRA WORK
There may be unforeseen.conditions requiring immediate resolution during the construction
phase of the Project such as construction disputes. and claims, changed conditions and
changes in the construction work. ReimbursemeM for increased construction engineering
and/o�construction contract amounts for the Utility Wo�k shall be limited to costs covered by a
modification, change ordec or extra work order approved as follows:
- 8.1. Should it be determined tliat a change to the Project plans and specifications is
required for the Utility Work, the Gity, through its project manager, shall notify the County at
least tFiree (3) working days prior to. commencing•work on 4he changed work. 8hould tfie
County determine that a change to the Project plans and specifications is required for some
element of the Utility Work; the County shall notify the City prior to the Contractor
commencing worK on that element. The City will instruat the Contractor to make reasonable
changes requested by the County. If a request for a cF9ange to an element of the Utility Work
is received from 4he County aftecthe Contractor has commenced work on that element, the
City will evaluate reasonable requests on a case by case basis and instruct the contractor to
incorporate changes at its discretion,
8.2. Any change in the Utility Work; which would cause the "Total .CosY' to exceed the
amounYshown in Exhibit B will reguire a binding Letter of Agreement, signetl by both the City -
Mayor or his/her designee and the County Wastewater�Treatment Division Director or fiis/her
7
designee, describing the changed scope of work and the estimated change in the Utility Work
• cost.
8.3. In the event of a claim by the Contractor(s), each party shali be responsible for its
proportionate share based on its proportionate responsibility for the claim, PROVIDED THAT
nothing in this Agreemerit shall be construed to make the County responsible for a
Contractor(s) claim, to the extent that it is caused by the actions, inactions or responsibilities
of the City and/or its agents, employees or consultants, including the Consultant .
9. INSURANCE
9.1. Prior to commencement of construction of the Project, the City shall cause the Contractor
to maintain the following insurance coverages and provide the County with evidence thereof:
9.1.1. General Liability. Coverage shall be at least as broad as Insurance Services
Office form number CG 00 01 Ed. 11-88 covering COMMERCIAL GENERAL LIABILITY.
$5,000,000 combined single limit per occurrence, and for those policies with aggregate limits,
a $5,000,000 aggregate limit. Excess/Umbrella Liability coverage may be provided to satisfy
the required limits.
9.1.2. Automobile Liability. Coverage shall be at least as broad as Insurance
Services Office form number CA 00 01 Ed. 12/90 covering BUSINESS AUTO COVERAGE,
symbol 1 "any auto"; or the combination of symbols 2, 8, and 9. $5,000,000 combined single
limit per accident. Excess/Umbrella Liability coverage may be provided to satisfy the required
limits.
9.1.3. Workers' Compensation. Statutory requirements of the State of residency.
Coverage shall be at least as broad as Workers' Compensation coverage, as required by the
Industrial Insurance Act of the State of Washington, as well as any similar coverage required
for this work by applicable Federal or"other States" State Law.
9.1.4. Employer's Liability or"Stop Gap". Coverage shall be at least as broad as the
protection provided by the Workers Compensation policy Part 2 (Employers Liability) or, in
states with monopolistic state funds, the protection provided by the "Stop Gap" endorsement
to the general liability policy. Limit: $ 1,000,000.
9.2. The City shall cause the insurance to be maintained until acceptance of the Project or for
such longer time as required by the City's contract with the Contractor.
9.3. The City shall cause the Contractor(s)to name King County as an additional insured
under Commercial General Liability and Business Automobile Liability Insurance with respect
to primary and non-contributory limits in accordance with a standard separation of insureds
clause, and the County shall be provided not less than 45 days prior written notice of
cancellation (10 days with respect to cancellation for non-payment of premium) per RCW
48.18.290.
9.4. All insurers shall either be licensed to conduct business in the State of Washington and
rated A-:VII in the A.M. BesYs Key Rating Guide or filed as a surplus lines placement by an
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authorized Washington State Surplus Lines Insurance Broker. Any form of self-insured
retentions in excess of$25,000 shall be disclosed and are subject to approval by the County.
9.5. Prior to commencement of the Project, as documentation of insurance as required
hereunder, the City shall cause the Contractor(s) to provide certificates of insurance with
copies of the actual additional insured policy endorsements or blanket additional insured
wording stating that the County is an additional insured. All insurance documentation shall be
delivered to:
King County
Risk Management Section
10. KING COUNTY'S RELATION TO CONTRACTOR
With respect to the Utility Work only, the City shall cause the contract between the City and
the Contractor to state that for purposes of the construction of the Utility Work, the County is a
third-party beneficiary of the contract including without limitation its indemnification provisions,
and that all of the Contractor's representations, warranties and guarantees and those of the
Contractor's suppiiers of material used in the Utility Work run to and benefit the County. Other
than as stated in this paragraph with respect to the Contractor, the Parties do not intend that
this paragraph be interpreted to create any obligation or liability or promise of pertormance to
any third party, other than the Parties, for purposes of construction of the Utility Work. The
City agrees that the contract between the City and the Contractor shall (i) state expiicitly that,
with 2spect to the Project, King County is a third party beneficiary of such contract and (ii)
require the insurance described in section 9 herein. The City represents that it will give a copy
of this Agreement to the Contractor.
71 PROJECT RECORDS
Upon request by the other Party, each Party will provide, within ten (10) calendar days of any
request, or if the request is voluminous or is for documerits in several locations then in a
reasonable time, any Project-related documentation in its possession or in the possession of
its agents, Contractors and Consultants (except documents that are not subject to the
Washington State Public Records Act, Ch. 42.56 RCW), including but not limited to
ernironmental analyses, geo-technical reports, engineers estimates, bid tabulations,
contractor submittals, and contract payment records relating to the Project or Project Site. In
addition for a period not less than six (6) years from the final payment to the City, the City
shall keep all records and accounting pertaining to the Project available for inspection and
audit by the State and copies of all 2cords, accounts, documents or other data pertaining to
the Project shall be furnished upon request. If any litigation, claim, or audit is commenced,
the recards and accounts along with supporting documentation shall be retained by the City
until all litigation, claim or audit finding has been resolved even though such litigation, claim, or
audit may continue past the six-year retention period.
12. DISPUTE RESOLUTION
12.1. In the event the City and the County disagree over whether the Contractor has fulfiiled
its obligations under the Utility Work scope of work, the City reserves the right to make the
final decision as to the acceptability of the work. If a dispute arises between the County and
the City, the parties agree that they will attempt to resolve the issue through mutual .
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negotiatiort. In the event that the Parties are not able to reach an agreemenf through, such
negotiation the Parties agree to engage in mediation in order to resblve the clispute.
Me_diation may,be reguested by either party, and shall be attempted prior to the institution of
any 'lawsuit arising under this Agreement. Each party shall designate, in writing, not more
than three candidates it proposes to act as a non-binding mediatoc within ten days following
notifcation of a dispute. The candidates proposed_ shall be from Judi'cial Arbitration and
Mediation Services (JAMS) or Judicial Dispute Resoiution (JDR) or shall be a 'neutral,
independent and recognized expert im the field in which the dispute arises. If the Parties
cannot agree on one of the mecliators from fhe combined Iist within fve days, then the Parties ,
shall;promptly meet and select a.mediator by biind draw. Upon selection of the mediator, the
� .Partie.s shall within 30 days, or as soon thereafter as possible, meet and engage in,a
mediation of the dispute with the assistance of the media4oc The cost for the mediation
services shall be borne equally between the Parties; each party paying one-half of the cost.
Tfie mediator shall determine reasonable procedures. Testimony and briefing, if any,
provided to the me,diator shall be inadmissible in any subsequent court proceedings. If
mediation fails to resolve the dispute, the Parties may thereafter seek redress in court. Venue
and,jurisdiction shall lie with the King County Superio�Court in Seattle, Washington.
12.2. This P�qreement has been made pursuant to, and'shall be construed according to, the
laws of the State of Washington.
13. PROPERTY
Any real o�personal property acquired or used by any party in connection with this Agreement
- will be acquired, held, and disposed of. by that party in 'its discretion, and other parties will
have no joint or other interest therein. Upon termination of this Agreement, real and personal
propeRy, acquired through this Agreement shall be retained or disposed of in the mariner
provided by law.
14. CHANGES AND MODIFICATIONS
Either party may reguest changes, amendments, or additions to any portion of this
Ag�eement; however, except as otherwise provided in this Agreement, no such change,
amendment; or addition to any portion of this Agreement shall be valid or binding upon eitfier
party unless it is in writing and executed by both paRies. AII such changes shall be made part
of.thi§Agreement.
15. NOTICES
Unless othervuise directed in writing; notices, reports and payments shall be delivered to each
party es follows: .
City of Aubum King County
Public Works Department King County Department of Natural
Jacob Sweeting, P.E. . ResourCesand Parks
25 Wesf Main Sheet Wasfewater Treatment Division
Auburn, WA • Susan Hildreth, P.E.
98001 Maifstop KSGNR-0509
201 Soiith Jackson Street
Seattle, Washington 981043855 . .
�o
Notices mailed by either qa_rry shall be deemed effectiqe on the date maiied. Either party may -
change its address for receipt of reports, notices, or payments by giving the other written
notice of not Iess than five (5)days prior to the effective date.
� For accounting purposes, the respective Federal Tax Identifcation Numbers are:
City of Aubum: 91�001228 King County: 91-6001327
16. ENTIRE AGREEMENT
Thesg provisions represent the entire and integrated agreement of the parties and may not be
. _ ..
mod�ed or amendeii except as provided herein. Any understanding, whe4her oral or written,
which is nof incorporated herein is expressly excluded.
IN WITNESS WHEREOF;the parties hereto have executed this Agreement, effective on the
latest date:shown below. She signatories below �epresent and warraM that they possessthe
authority to execute this Agreement and bind their respective entities.
C BURN KING 60UNTY
Wastewate nt Division
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gy: � - �� 9n gy ( - L - �l
Pe e tewis � ate E _rdo Date
Mayor WastewaterTreatment Division Director
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11
IXHIBR A _
� K1NG COUNTY WASTEWATER TREATAhENT DIVISION.
UTILITY WORK ASSOCIATED WITH THE
M STREET GRADE SEPARATION FROJECT
Utilitv Work Descriation
Relocation of the existing 18" King County Sewer Main and.appurtenances in M Street SE,
Au6urn, 1Nashington between 6'" 5treet SE and 3`° Street SE as required.to construction the
M Street SE Gra`de Separation Pro�ect. The relocated alignment will follow M Street SE to 6"'
Sfreet SE to L Street SE, to 4 .SUeet SE to M Street SE, and will be lowered to
accommodate the lowered streets:
The work includes approximately 1,750 feet of new sewer main construction, 280 feet of
bored pipe and casing beneatti SR78 and the BNSF right-of-way, 9 new manholes, trenching
and roadway restoration, traffic con4rol, by-pass pumping, erosion control, construction �
adminisfraUon and managerrierrt, and all other constniction related work necessary to
_ completeihe relocation.
. A 1
EXHIBIT B
KING COUNTY WASTEWATER TREATMENT DIVISION
UTIUTY WORK ASSOCIATED WITH THE
M STREET GRADE SEPARATION PROJECT
Preliminarv Cost Summarv
Work Element Estimate Kina Ci of Kina Countv
Coun °/a Au6um % Cost
ConstructionCorrtract- $1,046,000 100% 0% $1,046,000
Construction of relocation King
County sewer main, manholes, and
a urtenances Utiii Work
Construction Contract— $13,838,400 0% 100% $0
Constniction of City of Aubum M
Street Grade Se aration
Consuftant—Construction . $1,800,000 ' 7.65°k 92.35% $137,700
Managemerrt, Inspection,
Administration arid Surve
City af Aubum—Construction $200,000 7.65% 92.35$ $15,300
Maria ement Administration
Construction Contingency for Utility $100,000 100% 0% $100,000
Work �10%
Total 1 299 400
B._1 .
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